Opinion
2019–11904 Ind. No. 160/18
07-28-2021
The PEOPLE, etc., respondent, v. Ahquan STEVENSON, appellant.
Mary Zugibe Raleigh, Warwick, NY, for appellant. David M. Hoovler, District Attorney, Middletown, N.Y. (Andrew R. Kass and Edward D. Saslaw of counsel), for respondent.
Mary Zugibe Raleigh, Warwick, NY, for appellant.
David M. Hoovler, District Attorney, Middletown, N.Y. (Andrew R. Kass and Edward D. Saslaw of counsel), for respondent.
WILLIAM F. MASTRO, J.P., REINALDO E. RIVERA, ROBERT J. MILLER, COLLEEN D. DUFFY, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Orange County (William L. DeProspo, J.), rendered September 16, 2019, convicting him of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The record demonstrates that the defendant knowingly, voluntarily, and intelligently agreed to a waiver that limited the scope of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 564, 122 N.Y.S.3d 226, 144 N.E.3d 970 ). The defendant's valid waiver precludes appellate review of his challenge to the County Court's suppression determination (see People v. Sanders, 25 N.Y.3d 337, 342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ).
Contrary to the defendant's remaining contention, the County Court providently exercised its discretion in denying, without a hearing, his motion, in effect, to withdraw his plea of guilty (see People v. Rodriguez, 270 A.D.2d 434, 434–435, 705 N.Y.S.2d 259 ).
MASTRO, J.P., RIVERA, MILLER and DUFFY, JJ., concur.